Republic of the Philippines DEPARTMENT OF LABOR …ro10.dole.gov.ph/fndr/mis/files/AO 101-17 Attachment Freedom of... · Republic of the Philippines DEPARTMENT OF LABOR AND ... (RA)

Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT

DOLE FOI People’s Manual

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TABLE OF CONTENTS

DOLE PROFILE 3-5 SECTION I FOI OVERVIEW 6 Purpose………………………………………………..………………… 6 Structure……………………………………………….…………………. 6 FOI Champion …………………………………………………………… 6 FOI Receiving Officer ………………………………………………….. 6 FOI Decision Maker ……………………………………………………. 6 Central Appeals and Review Committee ……………………………. 6 Coverage…………………………………………………………………. 7 SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII SECTION IX ANNEXES

A B C D E F G

DEFINITION OF TERMS…………………………………………… PROMOTION OF OPENNESS IN GOVERNMENT……………… PROTECTION OF PRIVACY………………………………………… STANDARD PROCEDURE

Receipt of Request of Information…………………………………… Initial Evaluation………………………………………………………… Transmittal of Request by the FRO to the FDM…………………… Role of FDM in Processing the Request……………………………… Role of FRO to Transmit Information to the Requesting Party… Request for an Extension of Time……………………………… Notice to the Requesting Party of the Approval/Denial of the Request… Approval of Request………………………………………………… Denial of Request…………………………………………………… REMEDIES IN CASE OF DENIAL.................................................... REQUEST TRACKING SYSTEM..................................................... FEES………………………………………………………………… ADMINISTRATIVE LIABILITY

Non-compliance with FOI………………………………………… Procedure………………………………………………………… Provisions for More Stringent Laws, Rules and Regulations Exceptions Directory of Head of Office and FOI Receiving Officers FOI Request Form FOI Response Template FOI Registry Sheet Executive Order No. 2, Series of 2016 FOI Frequently Asked Questions

7 10 11 12 13 14 15 15 16 16 16 16 16 16 17 17 17 18 18 18 18 19 20-31 32-33 34 35 36 41




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DOLE PROFILE

A. CREATION OF THE DEPARTMENT

The Department of Labor and Employment (DOLE) traces its roots to 1908 when it was created as a small bureau– the Bureau of Labor–through the passage of Act No. 18681. The Bureau was given the principal functions of: 1) seeing to the proper enforcement of laws with reference to labor and capital in the Philippines; 2) promoting the enactment of all other legislation that establishes the material, social, intellectual, and moral improvement of workers; 3) acquire, collect, compile, systematize statistical data relating to the hours and wages of labor, the number of workers in each trade or occupation, among others; 4) inspect all shops, factories, industrial and commercial establishments and take the proper legal steps to prevent the exposure of the health or lives of laborers; 5) aid and assist by all proper legal means laborers and workers in securing just compensation for their labor, and the indemnity prescribed by law for injuries resulting from accidents when engaged in the performance of their duties; and 6) secure the settlement of differences between employer and laborer and to avert strikes and lockouts by inducing all parties to the controversy to submit their differences to arbitration.

By 8 December 1933, the Bureau was instituted as a line agency by virtue of Republic Act 4121. Its functions and policy environment were further outlined by the Philippine Labor Code (PD No. 442) in 1974, a landmark issuance which still serves as the foundational legislation for the labor and employment sector. Six years after, former President Ferdinand Marcos directed through Executive Order 5912 the restructuring and rationalization of the agency to be relevant in the light of changing circumstances and new developments at the time. Reforms provided for the headship of the agency by a Minister of Labor, creation (and abolition) of specific offices within the Ministry, creation of regional district offices and the renaming of the Ministry of Labor into the Ministry of Labor and Employment.

In 1987, President Corazon Aquino issued Executive Order 1263 to further rationalize and lay out the mandates, powers and functions of the Ministry of Labor and Employment. A section in the issuance established the change of the Ministry into the Department of Labor and Employment upon adoption of the new Constitution which provides for a presidential form of government. It was in the same year when Executive Order 292 (Administrative Code of 1987) was effected establishing the mandates, powers, functions, and structures of line agencies, including the DOLE.

B. VISION, MISSION, FUNCTIONS

The Department of Labor and Employment is mandated as the primary policy-making, programming, coordinating and administrative entity of the Executive Branch of the government in the field of labor and employment. It assumes the primary responsibilities of promoting gainful employment opportunities and optimizing the development and utilization of the country's manpower resources; advancing workers' welfare by providing for just and humane working

1 “An Act creating the Bureau of Labor, under the Department of Commerce and Police” (enacted on 18 June 1908). 2 “Instituting Certain Critical Changes in the Organizational Structure of the Ministry of Labor” (issued on 1 May 1980). 3 “Reorganizing the Ministry of Labor and Employment and for other Purposes” (issued on 30 January 1987).




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conditions and terms of employment; and maintaining industrial peace by promoting harmonious, equitable, and stable employment relations that assure equal protection for the rights of all concerned parties.

The Department’s long-term vision is that every Filipino worker attains full, decent and productive employment. To attain this vision, the DOLE’s continuing mission is to promote gainful employment opportunities, develop the country’s human resources, protect workers and promote their welfare, and maintain industrial peace.

C. POWERS AND FUNCTIONS

Under the Administrative Code of 1986, the DOLE’s continuing powers and functions include:

1. enforcing social and labor legislation to protect the working class and regulate the relations between the worker and his employer;

2. formulating and recommending policies, plans and programs for manpower development, training, allocation, and utilization;

3. recommending legislation to enhance the material, social and intellectual improvement of the nation's labor force;

4. protecting and promoting the interest of every citizen desiring to work locally or overseas by securing for him the most equitable terms and conditions of employment, and by providing social and welfare services;

5. regulating the employment of aliens, including the enforcement of a registration or work permit system for such aliens, as provided for by law;

6. formulating general guidelines concerning wage and income policy;

7. recommending necessary adjustments in wage structures with a view to developing a wage system that is consistent with national economic and social development plans;

8. providing for safe, decent, humane and improved working conditions and environment for all workers, particularly women and young workers;

9. maintaining a harmonious, equitable and stable labor relations system that is supportive of the national economic policies and programs;

10. upholding the right of workers and employers to organize and promote free collective bargaining as the foundation of the labor relations system;

11. providing and ensuring the fair and expeditious settlement and disposition of labor and industrial disputes through collective bargaining, grievance machinery, conciliation, mediation, voluntary arbitration, compulsory arbitration as may be provided by law, and other modes that may be voluntarily agreed upon by the parties concerned; and

12. other functions as may be provided by law.




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D. ORGANIZATIONAL STRUCTURE

*By virtue of Office of the President (OP) Executive Order (EO) No. 1, Series of 2016, the Technical Education and

Skills Development Authority (TESDA) is transferred under the supervision of the Office of the Cabinet Secretary

(OCS). However, per Republic Act (RA) No. 7796 (or the TESDA Act of 1994), the Chairperson of the TESDA Board is the Secretary of Labor and Employment.

Acronyms:

Attached Agencies Bureaus Services

ECC - Employees Compensation Commission ILS – Institute for Labor Studies NCMB – National Conciliation Mediation Board NLRC – National Labor Relations Commission NMP – National Maritime Polytechnic POEA – Philippine Overseas Employment Administration PRC – Professional Regulations Commission NWPC – National Wages Productivity Commission OSHC – Occupational Safety and Health Center OWWA – Overseas Workers Welfare Administration

BLE – Bureau of Local Employment BLR – Bureau of Labor Relations BWC – Bureau of Working Conditions BWSC – Bureau of Workers with Special Concerns ILAB – International Labor Affairs Bureau

AS – Administrative Service FMS – Financial and Management Service HRDS – Human Resource Development Service IAS – Internal Audit Service IPS – Information Publication Service LS – Legal Service PS – Planning Service DLLO – Department Legislative Liaison Office




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SECTION I. OVERVIEW

1. Purpose:

The purpose of this Department of Labor and Employment Freedom of Information Manual

(DOLE-FOI Manual) is to provide the guidelines and procedure for the general public in

requesting for information covered under the Executive Order (E.O.) No. 2, Series of 2016

on Freedom of Information (FOI).

2. Structure:

This Manual shall set out the rules and procedures to be followed by the DOLE when a

request for access to information is received. The Department Secretary is responsible for

all actions carried out under this Manual and may delegate this responsibility to the Head of

Offices. The Head of Offices may delegate a specific officer to act as the FOI Decision

Maker (FDM), who shall have overall responsibility for the initial decision on FOI requests or

who will recommend to the Head of Office, (i.e. to decide whether to release all the records

or partially release the records, or deny access).

FOI Champion/s: The Secretary is the overall FOI Champion in the Department. The heads

of offices are the FOI Champion in their respective offices. Their primary functions are:

oversee the overall implementation of FOI program; ensure that all requested information is

provided by the office; review and ensure that inventory of exceptions is periodically

updated and reflects any change in existing law and jurisprudence; and has the final

approval to grant or deny the requested information as decided or recommended by the

FDM.

FOI Receiving Officer/s (FROs): The primary person duly designated by the head of office

who shall receive and record all requests for information and forward the same to the

appropriate FDM/office who has custody of the records; monitor all FOI requests and

appeals; provide assistance to the requesting party and FDMs; compile inventory of

information, data and records as required; maintain a Registry of all FOI requests received

and acted upon; prepare and submit quarterly report of compliance and accomplishments.

FOI Decision Maker/s (FDMs): The FDM is designated by the head of office, with a rank of

not lower than a Division Chief or its equivalent, who shall conduct evaluation, processing of

requests for information, and accorded the authority to recommend to the Head of Office the

grant or denial of the request; provide regular update on the inventory of information, data

and records that may be accessed by the public thru the FOI.

Central Appeals and Review Committee: The Committee shall be composed of three (3)

officials with a rank not lower than Division Chief or its equivalent responsible in conducting

review of FOI decisions submitted for internal review or on appeal, provide




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recommendations/expert advice to the head of Office on the approval or denial of FOI

decision on appeal.

3. Coverage:

This Manual shall cover all requests for information directed to the DOLE Central Office

(Bureaus, Services), its Regional Offices (ROs) and Philippine Overseas Labor Offices

(POLOs). All Agencies attached to DOLE will have their own separate FOI Manual.

SECTION II. DEFINITION OF TERMS

1. Appeals and Review Committee. The Appeals and Review Committee is composed of three (3)

officers with a rank not lower than Division Chief or its equivalent, designated by the Head of

Office to review and analyze FOI decisions for internal review or on appeal.

2. Consultation. When any of the Department’s offices (Bureaus, Services, Regional Offices, and

Philippine Overseas Labor Offices) places a record that contains information of interest pertaining

to another office (i.e. attached agency), it shall seek the office’ validation and affirmation to

disclose the said record before it is released to the requesting party or to the public.

3. data.gov.ph. The open data website that serves as the government’s comprehensive portal for

all public government data that is searchable, understandable, and accessible.

4. eFOI.gov.ph. The portal that serves as the government’s comprehensive website for all

information on the FOI. Among many other features, eFOI.gov.ph provides a central resource for

the public to understand the FOI, to locate records that are already available online, and to learn

how to make a request for information that is not yet publicly available. eFOI.gov.ph also

promotes agency accountability for the administration of the FOI by graphically displaying the

detailed statistics contained in Annual FOI Reports, so that comparison of agency FOI

implementation can be made over time.

5. Exceptions. Information identified not to be disclosed and/or released under the FOI, the non-

disclosure of said information is in accordance with the Constitution, laws or jurisprudence.

Identified exceptions are listed in Annex A of this manual.

6. Freedom of Information (FOI). The Executive Branch recognizes the right of the people to

information on matters of public concern, and adopts and implements a policy of full public

disclosure of all its transactions involving public interest, subject to the procedures and limitations

provided in Executive Order No. 2 Series of 2016. This right is indispensable to the exercise of

the right of the people and their organizations to effective and reasonable participation at all

levels of social, political and economic decision-making.




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7. FOI Contact. The name, address and phone number of FOI Champion, designated FOI

Receiving Officer/s in the DOLE offices where FOI request can be made is included in this

manual as Annex B.

8. FOI Decision Maker. DOLE Office personnel designated by the Head of Office, with a rank

of not lower than a Division Chief or its equivalent, who shall conduct evaluation and

processing of request for information, and accorded the authority to recommend to the Head

of Office the grant or denial of the request.

9. FOI Request. A written duly signed request submitted to any DOLE Office, personally or by

e-mail asking for records related to the function, policies and programs of the Department.

10. FOI Receiving Officer. DOLE Office personnel duly designated by the Head of Office who

shall receive, record and monitor all requests for information, provide assistance to the

requesting party and/or public on FOI matters, among others. The name, office address and

contact number of FROs is included in this FOI Manual as Annex B, and the same shall be

posted in the DOLE website: www.dole.gov.ph

11. Frequently Requested Information. Information that has become or likely to become the

subject of FOI requests.

12. Full Denial. The act of an authorized DOLE personnel/officer to deny the release of any

record in response to the FOI request for reason that the information requested is among

the listed exceptions.

13. Full Grant. The act of an authorized DOLE officer to allow the full disclosure of information

based on the details specified in the FOI request.

14. Information. Any records, documents, papers, reports, letters, contracts, minutes and

transcripts of official meetings, maps, books, photographs, data, research materials, films,

sound and video recording, magnetic or other tapes, electronic data, computer stored data,

any other like or similar data or materials recorded, stored or archived in whatever format,

whether offline or online, which are made, received, or kept in or under the control and

custody of the Department pursuant to law, executive order, and rules and regulations or in

connection with the performance of its official business.

15. Information for Disclosure. Information that promotes the awareness and understanding

of policies, programs, activities, rules and regulations affecting the public, government,

community and the economy. It also includes information on the general operations,

thrusts, and programs of the Department. In line with the concept of proactive disclosure

and open data, such types of information can be posted in government websites, such as

data.gov.ph without need for written requests from the public.




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16. Multi-Track Processing. A system that divides incoming FOI requests according to its

complexity, so that simple requests requiring relatively minimal review are placed in one

processing track and the more complex requests are placed in one or more tracks. Requests

that are to be expedited are placed in a separate track. Requests in each track are to be

processed on a first in/first out basis.

17. Official Record/s. Shall refer to information produced or received by a DOLE officer or

employee in an official capacity, function or duty.

18. Open Data. Refers to publicly available data, structured in a way that enable users to freely

use, copy and/or download the information, subject to the protocols/requirements of the office’

website.

19. Partial Grant/Partial Denial. Refers to the ability of the Department to disclose portion of the

records in response to a FOI request. It also refers to the denial of the office of a portion of the

request, with reference to the exemptions enumerated in Annex A.

20. Pending Request or Pending Appeal. An FOI request or administrative appeal of which the

Department has not yet taken final action on it. It includes all request/appeal that is still open or

not acted upon at a given time, including request that is well within the statutory response time.

21. Perfected Request. A FOI request which describes the records sought, duly accomplished by

the requesting party in accordance with the requirements of the Department.

22. Personal Information. Shall refer to any information, whether recorded in a material form or

not, from which the identity and personal circumstances of an individual is apparent or can be

reasonably and directly ascertained by the office holding the information, or when put together

with other information would directly and certainly identify an individual.

23. Proactive Disclosure. Information made publicly available without waiting for a specific FOI

request. The Department’s initiative to post in the website information concerning its

mandates/functions, major policies and programs, among others.

24. Processed Request or Processed Appeal. The number of requests or appeals where the

Department has completed its work and sent a final response to the requesting party.

25. Public Records. A record required by law, executive order, rules and regulations to be

entered, kept, and made by an officer of the Department in the course of the performance of its

function, filed and may be made available to the public upon request.




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26. Received Request or Received Appeal. A FOI request or administrative appeal received

by the Department within a fiscal year.

27. Referral. The receiving DOLE office forwards the FOI request to an appropriate agency for

further determination of primary interest and processing of the request.

28. Sensitive Personal Information. As defined in the Data Privacy Act of 2012, shall refer to

personal information:

a. About an individual race, ethnic origin, marital status, age, color, and religious

philosophical or political affiliations;

b. About an individual health, education, genetic or sexual life of a person, or to any

proceedings for any offense committed or alleged to have committed by such person,

the disposal of such proceedings or the sentence of any court in such proceedings;

c. Issued by government agencies peculiar to an individual which includes, but not

limited to, social security numbers, previous or current health records, licenses or its

denials, suspension or revocation, and tax returns; and

d. Specifically established by an executive order or an act of Congress to be kept

classified.

29. Simple Request. FOI request requiring minimal processing and review, placed in one

processing track, and anticipated to have faster response/delivery time, depending on the

volume and/or simplicity of the records requested.

30. Complex Request. FOI request that requires multi-track processing, requires more time to

retrieve and/or generate the information, depending on the volume and/or complexity of the

records requested.

SECTION III. PROMOTION OF OPENNESS IN GOVERNMENT

1. Duty to Publish Information. DOLE Offices shall regularly publish, print and disseminate

at no cost to the public and in an accessible form, in conjunction with Republic Act 9485, or

the Anti-Red Tape Act of 2007, through their official website, provide timely, true, accurate

and updated information including, but not limited to:

a. A description of its mandate, structure, powers, functions, duties and decision-making

processes;

b. A description of its frontline services, the procedure and documentary requirements,

and the process cycle time;

c. The names and contact details of its key officials;

d. Major programs/projects, performance targets and accomplishments, budget

allotments and expenditures;

e. Department orders, labor advisories, and decisions;




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f. Data/statistics it generates and researches completed;

g. Bidding processes and requirements; and

h. Feedback mechanism by which the public may participate in influencing policy

formulation.

i. Hotline call/text number/s

2. Keeping of Records. The DOLE shall maintain in appropriate format, accurate and reasonably complete documentation or records of policies, transactions, decisions, resolutions, procedures, communications and documents received or filed, and data generated and collected.

SECTION IV. PROTECTION OF PRIVACY

While providing for access to information, the DOLE shall afford full protection to a person’s right to privacy, as follows:

a. Ensure that personal information, particularly sensitive personal information, in its custody

or under its control is disclosed only as permitted by existing laws; b. Protect personal information in its custody or under its control by making reasonable

document security protocol against unauthorized access, leaks or premature disclosure; c. The FRO, FDM, or any employee or official who has access, whether authorized or

unauthorized, to personal information, the DOLE shall not disclose that information except authorized by existing laws.




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SECTION V. STANDARD PROCEDURE

PROCESS FLOWCHART




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1. Receipt of Request for Information

1.1 The FOI Receiving Officer (FRO) shall receive the request for information from the

requesting party and check compliance of the following requirements:

a. The request must be in writing;

b. The request shall state the name and contact information of the requesting party,

accompanied with a valid proof of identification or authorization; and

c. The request shall clearly describe the information requested, covered period, and

the purpose of by which the information shall be used; and

d. The request may be filed through e-mail provided, the requesting party shall

attach a scanned copy of the completely filled up FOI Request Form (Annex C),

and copy of government issued identification (ID) with photo and signature.

1.2 In case the requesting party is unable to make a written request, because of illiteracy or

due to being a person with disability, he can make an oral request, and the FRO shall

reduce it in writing.

1.3 Filed written request for FOI shall be stamped received by the FRO, indicating the date

and time of receipt, name, position/designation, and signature of the FRO. The FRO

shall provide the requesting party a copy of the duly filed FOI request. In case the FOI

request was filed thru e-mail, the FRO shall acknowledge receipt of the same by e-

mail, his name and position/designation supplied. The filled up request form shall be

printed, details of the request shall be inputted in the Record Tracking System and a

Reference Number shall be assigned for traceability purposes.

1.4 The DOLE must respond to request promptly, within the fifteenth (15) working day

following the date of receipt of the request. A working day is any day other than a

Saturday, Sunday or a day which is declared a public holiday in the Philippines. In

computing for the period, Art. 13 of the New Civil Code shall be observed.

The date of receipt of the request will be either:

a. The day on which the request is physically or electronically delivered to the office

of FRO, or directly into the official e-mail inbox of the concerned DOLE Office; or

b. If the FDM has asked the requesting party additional details or clarification on the

information being requested, the counting of the 15 days will stop and shall

commence again the day after the receipt of the clarification from the requesting

party. If no clarification is received from the requesting party after sixty (60)

calendar days, the request shall be closed.




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2. Initial Evaluation

After receipt of the request for information, the FRO shall evaluate the contents of the request. 2.1 Request relating to more than one office under the DOLE: If a request for

information is received which requires different offices/divisions/units to provide the information, the FRO shall forward such request to concerned offices/divisions/units and ensure timely completion/delivery of the information requested, in a well coordinated manner. The 15 -days standard process cycle time applies starting the day after the request was forwarded to the concerned offices. FDMs shall only provide the specific information that relates to their respective offices.

2.2 Requested information is not in the custody of concerned DOLE Office where the request for FOI was filed: If the requested information is not in the custody of the DOLE Office, after referral or discussion with the FDMs, the FRO shall undertake the following steps:

a. If the records requested is within the authority or custody of other DOLE Offices,

i.e. Regional Offices, Philippine Overseas Labor Offices, Attached Agencies,

Bureaus and Services, other than the office where the FOI request was filed, the

request will be immediately referred to the appropriate office/agency through the

most expeditious manner, inform the requesting party that his FOI request was

transmitted to the appropriate office/agency that can provide the information. In

such case, the 15 -days process cycle time of the receiving office/agency

commences the day after it received the forwarded request.

b. If the records requested is not within the authority or custody of the Department,

or it refers to an office not within the coverage of E.O. No. 2 series of 2016, the

requesting party shall be advised accordingly and provided with the contact

details of that office, if known.

2.3 Requested information is already posted and available on-line: If the information

being requested is already posted and publicly available in the DOLE website –

www.dole.gov.ph, or DOLE Offices’ official website, or data.gov.ph or foi.gov.ph or

other websites, the FRO shall inform the requesting party of the availability of the

information in public use platforms, provide the website link where the information is

posted/available.

2.4 Requested information is substantially similar or identical to the previous

request: If the requested information is substantially similar or identical to a previous

request by the same party, the request shall be denied. The FRO upon




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recommendation of the FDM shall issue a reply to the requesting party and state the

reason/s for the denial of his request.

3. Transmittal of Request by the FRO to the FDM:

Upon receipt of the FOI request, the FRO shall initially evaluate the request. If the request

is recommended for processing, the request shall be forwarded to the FDM within one (1)

day from receipt of the request (written, e-mailed) indicating the date, time and name of the

FDM who will process the request. All requests transmitted from FRO to FDM should be

recorded in the record and tracking system maintained by the Office (i.e. record book or

computer based record and tracking system). The FRO shall regularly monitor compliance

by FDM of the 10 - days process cycle time. The FRO shall inform the Head of Office or the

designated Officer of the status of the request in case the process cycle time (PCT) is

already beyond the 10-day period.

Moreover, the FRO upon initial evaluation of the request resulted to any of the following

circumstances, may already advise the requesting party that the FOI request is denied and

an official response letter shall be issued:

a. the information/document requested in not available or not within the authority of

the Office to issue such information; or

b. the information requested is listed as one of the exceptions; or

c. the information/document requested is substantially similar or identical to a request

previously made.

4. Role of the FDM in processing the request:

The FDM upon receipt of the FOI request from the FRO, shall determine, clarify the

information requested (if necessary), and provide/retrieve/generate the specific information

in response to the request. Upon completion of the information, he shall endorse the

documents to the FRO within 10 days from receipt of the request. The FRO shall record the

date and time of receipt of the processed/approved FOI request from the FDM.

In case the FDM needs clarification on the information being requested, he shall, through

the FRO, seek further details from the requesting party. During the period of clarification,

the counting of the 15 days will stop and shall commence again the day after it receives the

clarification from the party.




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5. Role of FRO in Transmitting the Information to the Requesting Party:

The FRO upon receipt of the information/documents from the FDM, shall check completeness of the documents/information provided with reference to the FOI request. If found complete, the FRO shall prepare the response letter, (template attached as Annex D), and endorse the same to the Head of Office or his designated officer for approval. The approved FOI request shall be transmitted to the requesting party within 15 days upon receipt of the FOI request.

6. Request for an Extension of Processing Time:

If the information requested requires extensive search from the office’ records and storage

facilities, examination of voluminous records, or the presence/occurrence of fortuitous

events or other analogous cases within the period by which the request is being processed,

the FDM shall advise the FRO to inform the party for an extension in the process cycle time,

a definite date is stated within which the request is expected to be completely acted upon.

The FRO shall inform the requesting party of the extension in the process cycle time and

cite the reasons and/or circumstances for the request for extension. In no case, shall the

extension exceed twenty (20) days, on top of the mandated fifteen (15) days to act on the

request, unless exceptional circumstances warrant a longer period.

7. Notice to the Requesting Party of the Approval/Denial of the Request:

The notice to the requesting party of the approval or denial of the request shall be covered

by a response letter, duly signed by the Head of Office or his designated Officer.

8. Approval of Request:

In case of approval, the FRO shall ensure that the information requested (as indicated in

the FOI Request Form) is completely provided. Check however, if the data/information to

be released does not fall in any of the listed exclusions in Annex A. The FRO shall within

the prescribed period, prepare the response letter to the requesting party informing him

that his FOI request was already processed, ready for release, and directed to pay the

applicable fees, if any.

9. Denial of Request:

In case of denial of the request wholly or partially, the FRO shall, within the prescribed

period, notify the requesting party of the denial in writing using the prescribed response

template. The notice shall clearly set forth the ground or grounds for denial and the

circumstances on which the denial is based. Failure to notify the requesting party of the

action taken on the request within the period herein provided shall be deemed a denial of




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the request to information. All denials on FOI requests shall pass through the Head of

Office or his designated Officer.

SECTION VI. REMEDIES IN CASE OF DENIAL

A person whose request for access to information has been denied may avail himself of the

remedy set forth below:

1. Denial of a request may be appealed by filing a written appeal to the DOLE Central

Appeals and Review Committee within fifteen (15) calendar days from the notice of denial

or from the lapse of the period to respond to the request.

The appeal shall be decided by the Head of the DOLE office concerned upon the

recommendation of the Central Appeals and Review Committee within thirty (30) working

days from the filing of said written appeal. The party requesting for the appeal shall be

informed of the decision within 10 working days from promulgation, through the FRO.

Failure to decide within the 30-day period shall be deemed a denial of the appeal.

2. Upon exhaustion of administrative FOI appeal remedies, the requesting party may file the

appropriate judicial action in accordance with the Rules of Court.

SECTION VII. REQUEST TRACKING SYSTEM

The DOLE shall establish a system to trace the status of all requests for information received or

released by it, which may be paper-based, on-line or both.

SECTION VIII. FEES

1. No Request Fee. The DOLE shall not charge any fee for accepting requests for access to

information.

2. Reasonable Cost of Reproduction and Copying of the Information: The FRO shall

immediately notify the requesting party of any reproduction and copying fee to provide the

information. Such fee shall be the actual amount spent by the concerned DOLE Office in

providing the information to the requesting party. Official Receipts shall be issued upon

payment of applicable fees. The schedule of fees shall be posted by the concerned DOLE

Offices.




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3. Exemption from Fees: The DOLE may exempt any requesting party from payment of

fees, in case of pauper or indigent clients upon presentation of certificate of indecency

from the barangay.

SECTION IX. ADMINISTRATIVE LIABILITY

1. Non-compliance with FOI. Failure to comply with the provisions of this Manual shall be a

ground for the following administrative penalties:

a. 1st Offense - Reprimand;

b. 2nd Offense - Suspension of one (1) to thirty (30) days; and

c. 3rd Offense - Dismissal from the service.

2. Procedure.

The Revised Rules on Administrative Cases in the Civil Service shall be applicable in the

disposition of cases under this Manual.

3. Provisions for More Stringent Laws, Rules and Regulations.

Nothing in this Manual shall be construed to derogate from any law, any rules, or

regulation prescribed by any body or agency, which provides for more stringent penalties.




P a g e | 19

ANNEX A

EXCEPTIONS

The DOLE recognizes the right of the people to information on matters of public

concern. Access to official records, documents and information pertaining to official

acts, transactions, or decisions, as well as government generated data/information and

researches used as basis for policy development shall be afforded the public, subject

to such limitations as may be provided under Executive Order No. 2 Series of 2016.

1. Information covered by Executive privilege; 2. Information classified as confidential or privileged relating to national security,

defense or international relations; 3. Information concerning law enforcement and protection of public and

personal safety; 4. Information classified as confidential for the protection of the privacy of

persons and certain individuals such as minors, victims or crimes, or the accused;

5. Information, documents or records known by reason of official capacity and are deemed as confidential, including those submitted or disclosed by entities to government agencies, tribunals, boards, or officers, in relation to the performance of their functions, or to inquiries or investigation conducted by them in the exercise of their administrative, regulatory or quasi-judicial powers;

6. Prejudicial premature disclosure and drafts; 7. Records of proceedings or information from proceedings which, pursuant to

law or relevant rules and regulations, are treated as confidential or privileged; 8. Matters classified as confidential under banking and finance laws, and their

amendatory laws; and 9. Other exceptions to the right to information under laws, jurisprudence, rules

and regulations.




P a g e | 20

ANNEX B

OFFICE OF THE SECRETARY

7th Floor, DOLE Building, Intramuros, Manila

Overall FOI Champion SILVESTRE H. BELLO III

Secretary DL: 527-5523 F: 336-8182

TL: 527-3000 loc. 701, 703-707

DOLE Heads of Offices/FOI Champions and FOI Receiving Officers

OFFICE HEAD OF OFFICE /

FOI CHAMPION CONTACT INFORMATION

DESIGNATED FOI

RECEIVING OFFICER

OSEC SERVICES

OSEC Records

MA. SOCORRO S. TAGRA Executive Assistant IV

7th Floor, DOLE Bldg., Intramuros, Manila 527-3000 loc. 706/707 [email protected]

Edgar Samson

Administrative Service

CRISTINA O. QUISMUNDO Director IV

2nd Floor, DOLE Bldg., Intramuros, Manila 527-3000 loc. 202 [email protected]

Lorna R. Fernandez

Financial and Management Service

WARREN M. MICLAT Director IV

4th Floor, DOLE Bldg., Intramuros, Manila 527-3000 loc. 412 [email protected]

Princess R. Sevilla

Human Resource Development Service

VIOLETA N. MUÑOZ Director IV


Aledith Bucacao

Internal Audit Service ROVELINDA A. DELA ROSA Director III

4th Floor, DOLE Bldg., Intramuros, Manila 527-3000 loc. 455

Herminia L. Salazar




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DESIGNATED FOI

RECEIVING OFFICER

[email protected]

Information and Publication Service

GERRY S. RUBIO Officer-in-Charge

6th Floor, DOLE Bldg., Intramuros, Manila 527-3000 loc. 625 [email protected] [email protected]

Cecille C. Ejunrango

Legal Service ATTY. JAL A. MARQUEZ Officer-in-Charge


Cristine Anthonette Parong

Planning Service ADELINE T. DE CASTRO Director IV


Jasmine Cabebe

BUREAUS

Bureau of Local Employment

DOMINIQUE R. TUTAY Director IV

6th Floor, First Intramuros BF Condominium Corporation, Solana St., corner Andres Soriano Ave. (Aduana St.), Intramuros, Manila 528-0087 [email protected] http://ble.gov.ph

Pag-Asa DR. Mendoza

Bureau of Labor Relations

ATTY. BENJO SANTOS M. BENAVIDEZ Director IV

6th Floor, First Intramuros BF Condominium Corporation, Solana St., corner Andres Soriano Ave. (Aduana St.), Intramuros, Manila 527-2551 527-2459 [email protected] http://blr.gov.ph

Vivian P. Orencillo

Bureau of Working Conditions

DR. MA. TERESITA S. CUCUECO Director IV

3rd Floor, DOLE Bldg., Intramuros, Manila 527-3000 loc. 308 [email protected] http://bwc.gov.ph

Rusell D. Cabalin




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DESIGNATED FOI

RECEIVING OFFICER

Bureau of Workers with Special Concerns

AHMMA CHARISMA LOBRIN- SATUMBA Director IV

9/F G.E. Antonino Bldg. J. Bocobo St. cor T.M Kalaw Ave. Ermita, Manila 404-3336; 527-5856 527-2857; 527-3116; 527-2558; 528-0119 [email protected] http://bwsc.gov.ph

Cecilia D. Santiago

Internal Labor Affairs Bureau

MARY SOL D. DELA CRUZ Officer-in-Charge

2nd Floor, DOLE Bldg., Intramuros, Manila 527-3000 loc. 103 [email protected] http://ilab.dole.gov.ph

Emma Angelica Feir

National Reintegration Center for OFWs

CHONA M. MANTILLA Director IV

Ground Flr., Blas F. Ople Development Center, cor. Solana and Victoria Sts., Intramuros, Manila 527-6184 526-2633

Rachelle Pagsanjan & Josephine Rengen

REGIONAL OFFICES

National Capital Region

Atty. Johnson G. Cañete Regional Director

DOLE-NCR Building, 967 Maligaya St., Malate, Manila (02) 310-4018 [email protected] http://ncr.dole.gov.ph/

Loui Curtina

Cordillera Administrative Region

Exequiel Ronie A. Guzman OIC-Assistant Regional Director

Cabinet Hill, Baguio City (074) 442-2447 [email protected] http://car.dole.gov.ph/

Lorna Lumanog

Regional Office No. 1 Henry John S. Jalbuena Regional Director

Arnel Building, Mabini St., Catbangen, San Fernando City, La Union (072) 242-1753 [email protected] http://ro1.dole.gov.ph/

Trinidad Estigoy

Regional Office No. 2 Atty. Sixto T. Rodriguez, Jr. OIC-Regional Director

Turingan Building, Campos St., Caritan Centro, Tuguegarao City, Cagayan (078) 844-2728

Pedro B. Lagundi




P a g e | 23



DESIGNATED FOI

RECEIVING OFFICER

[email protected] http://ro2.dole.gov.ph/

Regional Office No. 3 Atty. Ana C. Dione Regional Director

Diosdado Macapagal Regional Government Center, Barangay Maimpis, City of San Fernando, Pampanga (045) 861-4383 (045) 455-1614 [email protected] http://ro3.dole.gov.ph/

Alona A. Soliman

Regional Office No. 4-A

Ma. Zenaida Eusebia A. Campita Regional Director

3rd and 4th Floors Andenson Building II, Parian, Calamba City, Laguna (049) 545-0292 [email protected] [email protected] http://calabarzon.dole.gov.ph

Josefina Ogate

Regional Office No. 4-B

Atty. Alvin M. Villamor Regional Director

3rd Floor, Confil Building, Roxas Drive corner Sampaguita St., Lumangbayan Calapan City, Oriental Mindoro (043) 288-2080/2078 (043) 288-2129 [email protected] http://mimaropa.dole.gov.ph

Bienuinido Agua

Regional Office No. 5 Atty. Ma. Karina Perida-Trayvilla Regional Director

Doña Aurora St., Old Albay, Legaspi City (052) 480-5830 [email protected] http://ro5.dole.gov.ph

Alma Corve

Regional Office No. 6 Salome O. Siaton OIC-Regional Director

Swan Rose Building, Commission Civil St., Jaro, Iloilo City (033) 320-8026 DOLE I-txt: 0917-327-6515 http://ro6.dole.gov.ph [email protected] http://ro6.dole.gov.ph

Elsie A. Oñaza




P a g e | 24



DESIGNATED FOI

RECEIVING OFFICER

Regional Office No. 7 Exequiel R. Sarcauga Regional Director

3rd and 4th Flr. DOLE-RO7 Building General Maxilom Avenue Corner Gorordo Avenue Cebu City (032) 266-2792 http://ro7.dole.gov.ph [email protected]

Merly Lao

Negros Island Region (NIR)

Cyril L. Ticao OIC-Regional Director

St. Therese of Child Jesus St. Claytown Daro, Dumaguete City (035) 422-9741 [email protected]

Cripon Dicdican

Regional Office No. 8 Elias A. Cayanong Regional Director

DOLE Compound,Trece Martires St., Tacloban City (053) 832-0697 [email protected] http://ro8.dole.gov.ph

Maribel L. Culinayo

Regional Office No. 9 Sisinio B. Cano Regional Director

3rd Flr. QNS Bldg., Vet. Ave. Ext., Tumaga Rd., Zamboanga City (062) 991-2673 [email protected] http://ro9.dole.gov.ph

Isabelito Lazaro

Regional Office No. 10

Raymundo G. Agravante Regional Director

Monte Carlo Building, RER Phase I, Kauswagan National Highway, Cagayan De Oro City (08822) 727682 [email protected] http://ro10.dole.gov.ph

Floribes Ferres


Atty. Joffrey M. Suyao Regional Director

4th Floor Davao Ching Printers Bldg., Corner Dacudao Ave. and Lakandula St., Agdao, Davao City (082) 227-4289 [email protected] http://ro11.dole.gov.ph

Claudette Galacgac & Kimberly Salvana

mailto:[email protected]




P a g e | 25



DESIGNATED FOI

RECEIVING OFFICER


Albert E. Gutib OIC-Regional Director

102 Acepal Building, Mabini Extension, Koronadal City (083) 228-2190 [email protected] http://ro12.dole.gov.ph

Vanessa Ramo

Regional Office No. 13 (CARAGA)

Atty. Evelyn R. Ramos OIC-Regional Director

Nimfa Tiu Building III, J. P. Rosales Avenue, Butuan City (085) 342-9503 [email protected] http://caraga.dole.gov.ph

Nida Baybay

PHILIPPINE OVERSEAS LABOR OFFICES: ASIA AND THE PACIFIC

Hongkong Labor Attaché II Jalilo O. dela Torre

Labor Attaché I Ma. Nena G. German

Labor Attaché I Henry P. Tianero

Philippine Consulate General 1101 & 1601 Tower 1, Admiralty Center, 18 Harcourt Road, Hongkong tel: (852) 2866-4882 / 2823-8567 fax: (852) 2861-3521 / 2866-4882

Maybelle P. Frianeza

Macau

Labor Attaché II Vivian F. Tornea

Philippine Consulate General Unit 1407, 14th Floor AIA Tower 251-A 301, Avenida Commercial de Macau Macau SAR Telefax: (853) 2871-5039

Tokyo Labor Attaché II Ma. Luz L. Talento

Philippine Embassy 1-15-5 Roppongi Minato-Ku, Tokyo, Japan tel: (813) 5562-1574 / 1600 / 1573(OWWA) fax: (813) 5545-3447

Erika Jersey Oliceros

Singapore Labor Attaché I Ramon Lamberto C. Pastrana

Philippine Embassy 20 Nassim Road, Singapore 258395 tel: (65) 6835-3780 / 6733-2991 / 6834-1690 / 6732-7509 (OWWA) fax: (65) 6732-5789

Cheryl Tanchinco

Kuala Lumpur Labor Attaché II Elizabeth Philippine Embassy No. 1 Changkat Kia Peng, 50450

Augusto Gwyne Lasay




P a g e | 26



DESIGNATED FOI

RECEIVING OFFICER

Marie R. Estrada

Labor Attaché I Nelia Olivera

Kuala Lumpur, Malaysia 50450 tel: (603) 2148-4233 loc 122 fax: (603) 2143-3051

Brunei Darussalam OIC, Welfare Officer Luisa Reyes

Philippine Embassy Simpang 336, Diplomatic Enclave, JalanKebangsaan Bandar Seri Begawan, Brunei Darussalam BA1210 tel: (6732) 237-052 (DL) / 236-981 Hotline: 874-1972 / 883-0933 fax: (6732) 236-980

Tito Baldago Jr.

Taipei

Labor Attaché II Melchor B. Dizon

MECO Labor Center 10F, 309Song Jiang Road, Zhong Shan District Taipei City 10483, Taiwan Tel: (8862) 250-79803 / 04 / 250-79812 fax: (8862) 250-79805

Imelda Bugayong

Kaohsiung Labor Attaché II Cynthia R. Cruz

MECO Labor Center 9F-2, No. 80, Grand 50 Tower, Mintzu First Road San Min District, Kaohsiung City, Taiwan tel: (8867) 398-2475 / 398-7078 fax: (8867) 398-0541

Ronald N. Raymundo

Taichung Labor Attaché II Nasser B. Munder

MECO Labor Center Cathay Insurance Chung Gang Building 4/F, Suite 2A, No. 239 Min Quan Road West District Taichung City 40341, Taiwan tel: (88642) 302-9089 / 302-9093 (OWWA) fax: (88642) 302-9091 / 302-9095 (OWWA)

Maridel L. Macaraeg

Korea

OIC, Welfare Officer Manuela Peña

Philippine Embassy No. 5-1 Itaewon-dong, Yongsan-gu, Seoul

Rene Mangune




P a g e | 27



DESIGNATED FOI

RECEIVING OFFICER

tel: (822) 3785-3634 / 35 fax: (822) 3785-3624

Australia Labor Attaché II Rodolfo M. Sabulao

Philippine Embassy No. 1 Moonah Place, Yarralumla, ACT 2600, Australia tel: (612) 6273-8882

fax: (612) 6273-3984

Ma. Emelita Jose

PHILIPPINE OVERSEAS LABOR OFFICES: MIDDLE EAST

Riyadh Labor Attaché I Firma

P.Bantilan

Labor Attaché I Dominador

Salanga

Philippine Overseas Labor Office

No. 10 Abu Al Maali Al-Zaki

Street, Sulaimaniyah District

P.O. Box 94366, Riyadh 11693,

Kingdom of Saudi Arabia

William E.

Calina

Unaizah

Labor Attaché I Firma

P.Bantilan




P.O. Box 94366, Riyadh 11693,


Telefax: (9661) 480-6593

Manolo R.

Barotilla

Alkhobar OIC, Welfare Officer

Dayang Dayang Sitti Jaafar




P.O. Box 94366, Riyadh 11693,


Tel: (9663) 894-1846 / 894-2890/

(9665) 01269742 (hotline)

fax: (9663) 899-5714

Marissa

Villanueva

Jeddah Attaché I Rosario S.

Mangahas

Philippine Consulate General

Building No. 4663, Fajer Street,

Al Rehab District 6

P.O. Box 16254, Jeddah 21464

tel: (9665) 698-19720

Anthony

Alermo

Abu Dhabi Labor Attach é II Ophelia N.

Almenario

Philippine Embassy

W-48, Street No. 8, Sector 2-23

Plot 51, Al Qubaisat,

Ma. Fe Teoxon




P a g e | 28



DESIGNATED FOI

RECEIVING OFFICER

Labor Attaché I Jay Jasper

B. Javines

Abu Dhabi, UAE P.O Box 3215

Dubai Labor Attaché II Ofelia B.

Domingo


Villa No. 2 Beirut Street No. 35-A

Al Qusais 3,

P.O. Box 4960 Dubai UAE

tel: (9714) 220-7011

Antonio Mutiuc

Bahrain Labor Attaché II Cynthia Q.

Lamban

Philippine Embassy

Villa 939 Road 3220, Blk 332,

Mahooz Area, PO Box 22681

Kingdom of Bahrain 1299

tel: (973)177-40951 / 177-40139

fax: (973) 177-40829

Arlene

Marasigan

Kuwait Labor Attaché I Lily Pearl L.

Guerrero

Philippine Embassy

Block 6 Villa 152, Nouman Bin

Basher Street corner Damascus

Road, Faiha, State of Kuwait

1002

tel: (+965) 2252-5082 / 2252-

8433

Patricia

Katherine

Aggabao

Lebanon Labor Attaché II Bulyok S.

Nilong

Philippine Embassy

2nd Floor W Building, Mar Geries

Street

Hadath, Baabda, Lebanon 1003

Tel: (961) 595-3532

Genevieve de

Castro

Syria Philippine Embassy

56 Hamze IBM Abdul Mutaleb Street, West Mezzeh, Damascus, Syria

Libya OIC, Welfare Officer Habib

Malik

Philippine Embassy

Gargarish Road, Km. 7, Hay

Andalous, Tripoli, Libya P.O.Box

12508

tel: (21821) 483-7059

(FWRC/OWWA) fax: (21821)

483-2544

Abdulrazak O.

Inalang

Qatar Labor Attaché II David Des Philippine Embassy Wilfredo




P a g e | 29



DESIGNATED FOI

RECEIVING OFFICER

T. Dicang

Corner Al Furat St and Al

Quosoun St, Bldg 2 Zone 66,

Onaiza Area,

Dafna, West Bay, Doha, State of

Qatar PO Box 24900

tel: (974) 4486-1220 (DL) /

4488-4485 (OWWA)

fax: (974) 4488-3858

Santizo

Oman Labor Attaché II Nasser S

Mustafa

Philippine Embassy

P.O. Box 420 PC 115 Madinat

Qaboos, Muscat, Sultanate of

Oman

TeleFax: (96824) 605-

177(POLO)/ 605-171(OWWA)

Oscar Anthony

C. David

Israel Labor Attaché I Rodolfo G.

Gabasan

Philippine Embassy

18 Rehov Bnei Dan 66260, Tel-

Aviv, Israel

Tel: (9723) 544-4531 / 601-0517 /

601-0521

Fax: (9723) 544-4580 / 602-2496

(OWWA)

Iris Asis

Jordan Labor Attaché II Florenda L.

Herrera


No.113 Almanar Bldg., Khalil

Yassin Al Talhoni St., Der

Ghabar Amman, Jordan

Tel. : (9626) 593-0464

Eva Gabon

PHILIPPINE OVERSEAS LABOR OFFICES: AMERICAS & TRUST TERRITORIES

Washington D.C.

Labor Attaché Saul T. de

Vries

Philippine Embassy

1600 Massachusetts Ave., N.W.

Washington, D.C. 20036

tel: (1202) 467-9426

fax: (1202) 887-5830

Eliza Lucido

Toronto OIC, Administrative Staff Philippine Consulate General Ann Apasra S.




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DESIGNATED FOI

RECEIVING OFFICER

Ethel Magtibay

160Eglinton Avenue East, Suite

200, Toronto

Ontario M4P3B5 Canada

tel: (1416) 975-8252

fax: (1416) 975-8277

Abas

Vancouver OIC, Administrative Staff

Violeta Buenaventura



Suite 611, World Trade Center

Office Complex

999 Canada Place, Vancouver,

BC, Canada V6C3E1

Tel: (1604) 641-1234

Fax: (1604) 641-1279

Violeta J.

Buenaventura

PHILIPPINE OVERSEAS LABOR OFFICES: EUROPE

Rome

Labor Attaché Ponciano M.

Ligutom

Philippine Embassy

Via Delle Medaglie D’Oro, 112-

114, 00136 Rome, Italy

tel: (3906) 397-46101 / 397-

51751 (OWWA) / 397-21505

(SSS)

fax: (3906) 397-46101/397-

40872

Laarni Cordova

Milan OIC, Welfare Officer

Jocelyn O. Hapal


Via Stromboli 1, 20144 Milan,

Italy

Tel: (3902) 435-11524 / 435-

11529 loc 214/219

Fax: (3902) 439-86538

Mary Rose

Usaraga

Geneva Labor Attaché Delmer Cruz

Philippine Mission to the United

Nations

47 Avenue Blanc 1202 Geneva,

Switzerland

tel: (4122) 716-1930

fax: (4122) 738-7513

Suzanne

Rodriguez

Madrid OIC, Welfare Officer Nesa

S. Nolido


Calle Alcala 149, 2B

28009, Madrid, Spain

Avenger

Marinas




P a g e | 31



DESIGNATED FOI

RECEIVING OFFICER

tel: (3491) 781-8624 / 7818626

(OWWA)

fax: (3491) 781-8625

Greece Labor Attaché II Adam A.

Musa

Philippine Embassy

10 Fthiotidos Street, Ambelokipi,

Athens, Greece 115 23

telefax: (30210) 698-3335

Carolina Baul

Cyprus OIC, Labor Attaché II Adam

A. Musa


Flat 13 4th Florr, 26 Grivas

Digenis Avenue

1066 Nicosia , Cyprus

tel: (35722) 106995

fax: (35722) 106996

Everos

Evangelista

London Labor Attaché II Reydeluz

D. Conferido

Philippine Embassy

6 Suffolk Street, London, SW1Y

4HG

tel: (44207) 451-1832 / 451-1833

/ 839-8039

fax:(44207) 839-7345

Sharie Ann de

Guzman




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ANNEX C

REQUEST FORM –page1

ANNEX D

RECORD TRACKING SYSTEM

FREEDOM OF INFORMATION




P a g e | 33

ANNEX C

REQUEST FORM –page 2

FREEDOM OF INFORMATION




P a g e | 34

ANNEX D

FREEDOM OF INFORMATION RESPONSE TEMPLATE




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ANNEX E

FOI REGISTRY SHEET

ANNEX E

REPLY FORM




P a g e | 36

ANNEX F

MALACAÑAN PALACE

MANILA BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 02 Signed on July 23, 2016

OPERATIONALIZING IN THE EXECUTIVE BRANCH THE PEOPLE’S CONSTITUTIONAL RIGHT TO INFORMATION AND THE STATE POLICIES TO FULL PUBLIC DISCLOSURE AND TRANSPARENCY IN THE PUBLIC SERVICE AND PROVIDING GUIDELINES THEREFOR

WHEREAS, pursuant to Article 28, Article II of the 1987 Constitution, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to reasonable conditions prescribed by law;

WHEREAS, Section 7, Article III of the Constitution guarantees the right of the people to information on matters of public concern;

WHEREAS, the incorporation of this right in the Constitution is a recognition of the fundamental role of free and open exchange of information in a democracy, meant to enhance transparency and accountability in government official acts, transactions, or decisions;

WHEREAS, the Executive Branch recognizes the urgent need to operationalize these Constitutional provisions;

WHEREAS, the President, under Section 17, Article VII of the Constitution, has control over all executive departments, bureaus and offices, and the duty to ensure that the laws be faithfully executed;

WHEREAS, the Data Privacy Act of 2012 (R.A. 10173), including its implementing Rules and Regulations, strengthens the fundamental human right of privacy, and of communication while ensuring the free flow of information to promote innovation and growth;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Definition. For the purpose of this Executive Order, the following terms shall mean: (a) “Information” shall mean any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection

http://www.gov.ph/2016/07/23/executive-order-no-02-s-2016/




P a g e | 37

with the performance or transaction of official business by any government office. (b) “Official record/records” shall refer to information produced or received by a public officer or employee, or by a government office in an official capacity or pursuant to a public function or duty. (c) “Public record/records” shall include information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office.

SECTION 2. Coverage. This order shall cover all government offices under the Executive Branch, including but not limited to the national government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned or -controlled corporations, and state universities and colleges. Local government units (LGUs) are encouraged to observe and be guided by this Order.

SECTION 3. Access to information. Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development.

SECTION 4. Exception. Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence.

The Department of Justice and the Office of the Solicitor General are hereby directed to prepare an inventory of such exceptions and submit the same to the Office of the President within thirty (30) calendar days from the date of effectivity of this Order.

The Office of the President shall thereafter, immediately circularize the inventory of exceptions for the guidance of all government offices and instrumentalities covered by this Order and the general public.

Said inventory of exceptions shall periodically be updated to properly reflect any change in existing law and jurisprudence and the Department of Justice and the Office of the Solicitor General are directed to update the inventory of exceptions as the need to do so arises, for circularization as hereinabove stated.

SECTION 5. Availability of SALN. Subject to the provisions contained in Sections 3 and 4 of this Order, all public officials are reminded of their obligation to file and make available for scrutiny their Statements of Assets, Liabilities and Net Worth (SALN) in accordance with existing laws, rules and regulations, and the spirit and letter of this Order.

SECTION 6. Application and Interpretation. There shall be a legal presumption in favor of access to information, public records and official records. No request for information shall be denied unless it clearly falls under any of the exceptions listed in the inventory or updated inventory of exceptions circularized by the Office of the President provided in the preceding section.




P a g e | 38

The determination of the applicability of any of the exceptions to the request shall be the responsibility of the Head of the Office which is in custody or control of the information, public record or official record, or the responsible central or field officer duly designated by him in writing.

In making such determination, the Head of the Office or his designated officer shall exercise reasonable diligence to ensure that no exception shall be used or availed of to deny any request for information or access to public records, or official records if the denial is intended primarily and purposely to cover up a crime, wrongdoing, graft or corruption.

SECTION 7. Protection of Privacy. While providing access to information, public records, and official records, responsible officials shall afford full protection to the right to privacy of the individual as follows: (a) Each government office per Section 2 hereof shall ensure that personal information in its custody or under its control is disclosed or released only if it is material or relevant to the subject-matter of the request and its disclosure is permissible under this order or existing law, rules or regulations; (b) Each government office must protect personal information in its custody or control by making reasonable security arrangements against leaks or premature disclosure of personal information which unduly exposes the individual whose personal information is requested, to vilification, harassment or any other wrongful acts. (c) Any employee, official or director of a government office per Section 2 hereof who has access, authorized or unauthorized, to personal information in the custody of the office, must not disclose that information except when authorized under this order or pursuant to existing laws, rules or regulation.

SECTION 8. People’s Freedom to Information (FOI) Manual. For the effective implementation of this Order, every government office is directed to prepare within one hundred twenty (120) calendar days from the effectivity of this Order, its own People’s FOI Manual, which shall include among others the following provisions: (a) The location and contact information of the head, regional, provincial, and field offices, and other established places where the public can obtain information or submit requests; (b) The person or office responsible for receiving requests for information; (c) The procedure for the filing and processing of the request as specified in the succeeding section 9 of this Order. (d) The standard forms for the submission of requests and for the proper acknowledgment of requests; (e) The process for the disposition of requests; (f) The procedure for the administrative appeal of any denial for access to information; and (g) The schedule of applicable fees.

SECTION 9. Procedure. The following procedure shall govern the filing and processing of request for access to information: (a) Any person who requests access to information shall submit a written request to the government office concerned. The request shall state the name and contact information of the requesting party, provide valid proof of his identification or authorization, reasonably




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describe the information requested, and the reason for, or purpose of, the request for information: Provided, that no request shall be denied or refused acceptance unless the reason for the request is contrary to law, existing rules and regulations or it is one of the exceptions contained in the inventory or updated inventory of exception as hereinabove provided. (b) The public official receiving the request shall provide reasonable assistance, free of charge, to enable, to enable all requesting parties and particularly those with special needs, to comply with the request requirements under this Section. (c) The request shall be stamped by the government office, indicating the date and time of receipt and the name, rank, title and position of the receiving public officer or employee with the corresponding signature, and a copy thereof furnished to the requesting party. Each government office shall establish a system to trace the status of all requests for information received by it. (d) The government office shall respond to a request fully compliant with requirements of sub-section (a) hereof as soon as practicable but not exceeding fifteen (15) working days from the receipt thereof. The response mentioned above refers to the decision of the agency or office concerned to grant or deny access to the information requested. (e) The period to respond may be extended whenever the information requested requires extensive search of the government office’s records facilities, examination of voluminous records, the occurrence of fortuitous cases or other analogous cases. The government office shall notify the person making the request of the extension, setting forth the reasons for such extension. In no case shall the extension go beyond twenty (20) working days unless exceptional circumstances warrant a longer period. (f) Once a decision is made to grant the request, the person making the request shall be notified of such decision and directed to pay any applicable fees.

SECTION 10. Fees. Government offices shall not charge any fee for accepting requests for access to information. They may, however, charge a reasonable fee to reimburse necessary costs, including actual costs of reproduction and copying of the information required, subject to existing rules and regulations. In no case shall the applicable fees be so onerous as to defeat the purpose of this Order.

SECTION 11. Identical or Substantially Similar Requests. The government office shall not be required to act upon an unreasonable subsequent identical or substantially similar request from the same requesting party whose request from the same requesting party whose request has already been previously granted or denied by the same government office.

SECTION 12. Notice of Denial. If the government office decides to deny the request, in whole or in part, it shall as soon as practicable, in any case within fifteen (15) working days from the receipt of the request, notify the requesting party the denial in writing. The notice shall clearly set forth the ground or grounds for denial and the circumstances on which the denial is based. Failure to notify the requesting party of the action taken on the request within the period herein stipulated shall be deemed a denial of the request for access to information.

SECTION 13. Remedies in Cases of Denial of Request for Access to Information. (a) Denial of any request for access to information may be appealed to the person or office next




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higher in the authority, following the procedure mentioned in Section 7 (f) of this Order: Provided, that the written appeal must be filed by the same person making the request within fifteen (15) working days from the notice of denial or from the lapse of the relevant period to respond to the request. (b) The appeal be decided by the person or office next higher in authority within thirty (30) working days from the filing of said written appeal. Failure of such person or office to decide within the afore-stated period shall be deemed a denial of the appeal. (c) Upon exhaustion of administrative appeal remedies, the requesting part may file the appropriate case in the proper courts in accordance with the Rules of Court.

SECTION 14. Keeping of Records. Subject to existing laws, rules, and regulations, government offices shall create and/or maintain accurate and reasonably complete records of important information in appropriate formats, and implement a records management system that facilitates easy identification, retrieval and communication of information to the public.

SECTION 15. Administrative Liability. Failure to comply with the provisions of this Order may be a ground for administrative and disciplinary sanctions against any erring public officer or employee as provided under existing laws or regulations.

SECTION 16. Implementing Details. All government offices in the Executive Branch are directed to formulate their respective implementing details taking into consideration their mandates and the nature of information in their custody or control, within one hundred twenty (120) days from the effectivity of this Order.

SECTION 17. Separability Clause. If any section or part of this Order is held unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force or effect.

SECTION 18. Repealing Clause. All orders, rules and regulations, issuances or any part thereof inconsistent with the provisions of this Executive Order are hereby repealed, amended or modified accordingly: Provided, that the provisions of Memorandum Circular No. 78 (s. 1964), as amended, shall not be deemed repealed pending further review.

SECTION 19. Effectivity. This Order shall take effect immediately upon publication in a newspaper of general circulation.

DONE, in the City of Manila, this 23rd day of July in the year of our Lord two thousand and sixteen.

(Sgd.) RODRIGO ROA DUTERTE President of the Philippines By the President:

(Sgd.) SALVADOR C. MEDIALDEA Executive Secretary




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ANNEX G

FOI FREQUENTLY ASKED QUESTIONS

Introduction to FOI

1. What is FOI?

Freedom of Information (FOI) is the government’s response to the call for transparency and

full public disclosure of information. FOI is a government mechanism which allows Filipino

citizens to request any information about the government transactions and operations,

provided that it shall not put into jeopardy privacy and matters of national security.

The FOI mechanism for the Executive Branch is enabled via Executive Order No. 2, series

of 2016.

2. What is Executive Order NO. 2, s. 2016?

Executive Order No. 2 is the enabling order for FOI. E.O. 2 operationalizes in the Executive

Branch the People’s Constitutional right to information. E.O. 2 also provides the State

policies to full public disclosure and transparency in the public service.

E.O. 2 was signed by President Rodrigo Roa Duterte on July 23, 2016.

3. Who oversees the implementation of E.O. 2

The Presidential Communications Operations Office (PCOO) oversees the operation of the

FOI program. PCOO serves as the coordinator of all government agencies to ensure that

the FOI program is properly implemented.

Making a Request

4. Who can make an FOI request?

Any Filipino citizen can make an FOI Request. As a matter of policy, requestors are

required to present proof of identification.




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5. What can I ask for under E.O. on FOI?

Information, official records, public records, and, documents and papers pertaining to official

acts, transactions or decisions, as well as to government research data used as basis for

policy development.

6. What agencies can we ask information?

An FOI request under E.O. 2 can be made before all government offices under the

Executive Branch, including government owned or controlled corporations (GOCCs) and

state universities and colleges (SUCs).

FOI request must be sent to the specific agency of interest, to be received by its respective

Receiving Officer.

7. How do I make an FOI request?

a. The requestor is to fill up a request form and submits to the agency’s Receiving Officer.

The Receiving Officer shall validate the request and logs it accordingly on the FOI

tracker.

b. If deemed necessary, the Receiving Officer may clarify the request on the same day it

was filed, such as specifying the information requested, and providing other assistance

needed by the Requestor.

c. The request is forwarded to the Decision Maker for proper assessment. The Decision

Maker shall check if the agency holds the information requested, if it is already

accessible, or if the request is a repeat of any previous request.

d. The request shall be forwarded to the officials involved to locate the requested

information.

e. Once all relevant information is retrieved, officials will check if any exemptions apply, and

will recommend appropriate response to the request.

f. If necessary, the head of the agency shall provide clearance to the response.

g. The agency shall prepare the information for release, based on the desired format of the

Requestor. It shall be sent to the Requestor, depending on the receipt preference.




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8. How much does it cost to make an FOI request?

There are no fees to make a request. But the agency may charge a reasonable fee for

necessary costs, including costs of printing, reproduction and/or protocopying.

9. What will I receive in response to an FOI request?

You will be receiving a response either granting or denying your request.

If the request is granted, the information requested will be attached, using a format that you

specified. Otherwise, the agency will explain why the request was denied.

10. How long will it take before I get a response?

It is mandated that all replies shall be sent fifteen (15) working days after the receipt of the

request. The agency will be sending a response, informing of an extension of processing

period no longer than twenty (20) working days, should the need arise.

11. What if I never get a response?

If the agency fails to provide a response within the required fifteen (15) working days, the

Requestor may write an appeal letter to the Central Appeals and Review Committee within

fifteen (15) working days from the lapse of required response period. The appeal shall be

decided within thirty (30) working days by the Central Appeals and Review Committee.

If all administrative remedies are exhausted and no resolution is provided, requestors may

file the appropriate case in the proper courts in accordance with the Rules of Court.

12. What will happen if my request is not granted?

If you are not satisfied with the response, the Requestor may write an appeal letter to the

Central Appeals and Review Committee within fifteen (15) working days from the lapse of

required response period. The appeal shall be decided within thirty (30) working days by the

Central Appeals and Review Committee.

If all administrative remedies are exhausted and no resolution is provided, requestors may




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file the appropriate case in the proper courts in accordance with the Rules of Court.

Documents

Republic of the Philippines DEPARTMENT OF LABOR …ro10.dole.gov.ph/fndr/mis/files/AO 101-17 Attachment Freedom of... · Republic of the Philippines DEPARTMENT OF LABOR AND ... (RA)